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Criminal Practice — Guilty Plea – Factual Basis – Sentencing

Criminal Practice — Guilty Plea – Factual Basis – Sentencing

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After pleading guilty to sale of cocaine and possession of cocaine with intent to sell and deliver, defendant seeks a writ of certiorari to determine whether there was a sufficient factual basis for the offense of selling cocaine. Where (1) defendant’s minimum sentence falls within the presumptive range, (2) defendant’s brief does not address any facet of G.S. § 15A-1444(a2) (allowing a defendant who pleads guilty to appeal in certain limited instances), and (3) defendant failed to preserve the argument he now attempts to bring before this court, we deny defendant’s petition for a writ of certiorari.

Appeal dismissed.

State v. Bowens (Lawyers Weekly No. 012-019-22, 5 pp.) (April Wood, J.) Appealed from Catawba County Superior Court (Nathaniel Poovey, J.) Brittany Pinkham for the state; Joseph Lattimore for defendant. 2022-NCCOA-796


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